New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-18
man knows them /:


any Of these persons Mr.. Nco probes into it until
its complete extent is asceItained. Then he in
quires concerning tho nature of the witnesss
feelings with regard to informers and accomphces.
lie goes into his political connections and social
affiliations If a man runs this gauntlet OF ques-
tons satisfactorily he must be intelligent con-
scientious, and high minded.
1t must be acknowledged that the defence has
thus far proceeded upon different hne from that
adopted by the counsel In other cases. The small
ness and cunning, tho bully y-raggng and triclSerY
practised dsgraoefully In earlier cases have up
to this point been entirely wanting The defence
seem to ask for nothing but fair jury, though the
quality Of the panels have not been such as to test
them fully.
When Daniel Schwartzs name was called about
300 pounds of flesh rose slowly from the futhest
corner of the room and proceeded gradually to-
ward the stand. Mr. Schwartz was without shape,
but not without good humor. His expansive FRONT
beamed amiably upon the court as he confidently
remarked: IL tond't shbeal Sc Inlxlish very goot,
und tondt dinlks understand mems like dem.'
giving comprehensive wave OF his hand In the
direction of the lawyers tables The Court ex-
cused Mr.. Schwartz and he wobbled slowly away.
1he second seat In the jury box was awarded to
Owen o. Schimmel a manufacturer Of syrups 40
No. II3 Bowery. His home Is at No. SO Groye-st.
Mr, Sehimmel is large man Of quiet and tacl-
turn disposition. He sits all day with his arms
folded, and his head bowed as though engaged in
q useful introspective revery. John q. Brown, the
artist, had an opinion, but felt himself able to
decide the case on the evidence. But upon Mr..
Ntcon's questioning him concerning his sentiments
toward informers, he grew violent and said ha
couldn't believe Fullgraf and Duffy under oath.
Judge Barrett informed Mr.. Brown that lie was an
intelligent man and asked him TO try again. Mr..
bIown tried, but concluded that Notwithstanding
the undoubted fact to which the Court bad SO
POLITELY called his attention, he could not believe
informers. lie had SO much prejudice against such
people that he couldn't even take what they said
into consideration. Daniel Mclaughlin did NOT
share these sentiments When Mr.. Nicon inquired
II he had an opinion to Sharps guilt or inno-'
cence, he said he had.
as 1t a strong onei =" asked the prosecutor.
"Strong enough to convict sharp II am on tho
iury" answered Mr.. Mclaughlin. 49,
"No matter what the evidence is !"
"Well, | think they are all equally guilty. and l
think thev all ought TO 90 10 Sing Sing
These robust sentiments impeled the defence TO
challenge Mr. Mclaughlin for bias. and the Court
sustained them. Bernard X: Murphy Keeps iguUr "I.
this matter in his place and the net result OF his
conclusions is that he could not believe fuilgran
and Duffy because he thought the Broadway Rai-
road benefit to the public. This lucid statement
of cause and effect IN Mr.. Murphys mental opera
tons was deemed by the court disqualification.
To Julius Saul, who manufactures fancy goods
at No 337 Graud-st.. was assigned the third seat
In the box. Mr.. Saul answered all the questions ad,
dressed to him gbly and easily. lie seemed
disposed 10 serve on the jury and TO avoid any an;
swer that could give offence TO either side lie nau
decided opinion; he read put lIttIe IN toe 9eMs-
ers; in fact, he could do almost anyth tnat
counsel on either side suggested. Mr. Saul was ac-
cepted largely for the reason that he exposed noth-
ing upon which either side could hang an objection.
Dennis Linehau. giocer at No. 625 Flrs-aye,
became Mr.. SauPs immediate neighDor III the oox'
but not until he had been caechised for an hour:
As it happened, Mr. Linehan received the reward
of approval when his castigation was done. he
was tried and not found wanting. But even that
unwelcome issue can be no compensation for tho
torture he was subjected TO. Otners nave iareu
even worse. Suppose citizen Is dumb IL isnt
his fault altogether Poor fellow, he can't nelp the
fact that nature built hlm on humble plan. lt
really does seem hard that he should nc dragged
from his home and his business. kept waiting IN
dreary ill-ventIl,ted courtroom all day, placed
upon stand before everybody and whaled ana
hogged and laughed at and poked fun or and then.
As as. crSwn,ng snmnaI 4en1n' nnder that section Of
the code which requires that Jurors shai De men oL
average intelligence. y is, of course great .hins
TO be citizen of this flee and glorious hepupItc,
but even that hardly seems compensation ior 'hs
hardships of jary duty. a. .
Albert Livingston, who had last served 40 .
Juror in the Brddensiek case, and who Is a manu-
jfacturer of trimmings at No. 67 Greene-stj
became the fifth juror. He was quickly :, ,Se
by Henry W. Mattoni. VINO VINO diaS 0vth,Ds % except tho
record of arrival and departure of the nails mai f,n
MatlOni was consequently, ,;,w Wholly any kind
any puraedsome d sams,lv devoid Of opinions He was
whatever ana egaa 70 the defence A. Howard
he vsh sSd sd fso n as%uSs nsS fSRs1SSs
In tne Jury -ooA. -, "a whom the famous "sawdusg
gaap' wss 1ss'% Vany worked. rho defence looked
Upon Upon this circumstance as Sresepes neps"f Of
anu ahs ;,ror who had convicted Buddensek. yucge
FnlIerton and Mr.. Stickney both TOOK maud ID .he
nrnceedInls of the afternoon by obJectipg ~ Vii
ktcoIps way Of questioning jurors, nut at. s non
and the Jurors both maintained tnat they were oo"
tent with each other.